SLIP, TRIP & FALL ACCIDENTS

No one expects to become injured when going about their daily tasks. We feel safe and comfortable walking the aisles of our local grocery store, walking on public lands, meandering the halls at work, entering the property of a friend and such. Unfortunately, slip, trip and fall accidents often occur when we are least expecting them. When a person is injured due to the negligence of someone else, injury claims are meant to assist the victim in their recovery. By pursuing legal action with the help of an accident attorney in Stockton, against the responsible party whose behavior, or lack thereof, resulted in physical injury, the victim may be able to recover damages that can help cover medical costs associated with injury.

Premises Liability

Slip, trip, and fall injuries are a part of premises liability laws. When a person allows others on to their property, they are required to maintain a safe environment to prevent injury to any visitors. In fact, in the state of California, property owners may be sued by trespassers who are injured on their property. To prove an individual is liable for a slip, trip or fall injury on the property they own or manage, they must have known, or reasonably should have known, and failed to correct or give warning to a hazardous condition. Some of the more common conditions that are involved in slip, trip and fall cases include:

Spilled liquids

Leaky plumbing or roofs resulting in wet floors

Loose or worn down carpeting

Uneven floors

Unsecured cabling or cords

Broke, rickety, or missing railings

Broken furniture

A lack of sufficient roping off of construction sites

Insufficient warnings for any known hazards

Sudden drops such as a stair or a hole in the ground

If you have been injured in a situation like the above, seek legal assistance from an accident attorney in Stockton.

Making a Personal Injury Case

In order to make a strong case that you deserve financial compensation for your injuries, several items below must be proven.

The individual inquest was responsible for your safety – determining exactly who is liable can be a challenge in itself. Property often has multiple people involved in its management, such as:

The owner

The property manager

The caretaker

A group leasing the premises

Insurers of the premises

Parent companies related to the business

Whoever is determined as responsible for the state of the property behaved in a negligent manner. It must be shown that:

The status of the property posed a risk to bodily harm

That the liable party known or reasonably should have known of this dangerous condition

The responsible person failed to make repairs to the dangerous condition, report the condition to someone who could make appropriate repairs, or at least provide adequate warning regarding the dangerous condition

Your injuries are a result of the condition of the property – You must be able to prove that your conditions are real and that they are a consequence of the state of the property.

Because each case is based on a variety of factors, it’s best to speak to an accident attorney in Stockton.

Statute of Limitations

One of the most important aspects of injury law to keep in mind is the statute of limitations around personal injuries. The statute of limitations is how long a person has after the time of the incident in question to pursue legal action. Generally, the victim has two years from the time of the injury to take the liable party to court. Certain circumstances may limit this time even further. For example, if it is determined that the liable party is an aspect of the government, the victim only has six months to initiate legal action. An individual has three years to pursue legal action regarding damage to property, such as an expensive necklace that was broken during a slip and fall.

Exceptions to the statute of limitations include incapacity of the victim. If the injury causes the victim to become incapacitated for a period of time, such as in a coma, the statute of limitations does not begin until the victim has recovered sufficiently.

Though two years may sound like plenty of time, personal injury cases can be quite complicated. It may take a long time for an accident attorney in Stockton to gather enough evidence and secure the appropriate witnesses to make a strong case. It’s better to begin thinking about your legal options as soon after the injury occurs as possible so you have the best chance of recovering the compensation you deserve.

Seek Legal Representation

Obviously it can be quite involved to create a strong case related to a slip, trip, or fall injury. It’s important not to be intimidated and lose hope. In these situations, it’s important to recruit a knowledgeable accident attorney in Stockton who understands premises liability and personal injury and can help you get the compensation you need!

Call an Accident Attorney in Stockton if You’ve Been Injured

With knowledge and experience in all the different types of accidents that can occur, you can trust us to handle your case with the aggressiveness and professionalism it needs to get the compensation you deserve. Give us a call to speak to an accident attorney in Stockton today.